Originally, Apodaca’s charges -- three counts of aiding and abetting sex assault -- were set for preliminary hearing. But defense attorney Stephen Potter asked Lincoln County Judge Kent Turnbull for a continuance because the Nebraska crime lab had not completed tests or sent the results of a DNA analysis.

Potter said the state crime lab cannot seem to get DNA results done within a reasonable time. He said the University of Nebraska Medical Center can have results in a week, but the crime lab takes 2-3 months.

Potter asked Turnbull to order the testing to be done at the university. Turnbull told him the court has no jurisdiction over DNA analysis. He advised Potter to talk to the County Attorney about it.

Potter settled for a continuance and asked for the next court date to be set in October instead of later in September to allow enough time for the results to come through.

At one time, the Lincoln County Court schedule Thursday looked to be Apodaca day.

Virgil G., Virgil G. Jr., Anthony A., and Jeromy J. Apodaca were all scheduled to appear. But, all the hearings were continued and set for early October.

Virgil G., the father, and his three sons are alleged to have been involved in the rape of three teenage girls in early May at two separate parties in North Platte.